Hernandez v. Baker

Before the court is Plaintiffs motion entitled, "Motion for Seeks From the Honorable Court Permission for Enlargement of Time to File Those Motions and Hereby Declare and State as Follows Upon." (Doc. # 102.)[1] Defendants have filed a limited opposition. (Doc. # 105.) No reply memorandum has been filed.

The court interprets Plaintiffs Motion (Doc. # 102) as one wherein he seeks an enlargement of time to complete discovery and the deadline to file motions for summary judgment. At present, those two deadlines are November 17, 2014 (discovery) and December 17, 2014 (dispositive motions). (Doc. #96 at 9-10.)[2]

I. Discovery Deadline

In establishing revised deadlines for discovery, this court stated that:

4) Pursuant to Local Rule 26-4, an extension of the discovery deadline will not be allowed without a showing of good cause and any stipulation or motion to extend the discovery deadline must be filed with the court at least twenty days prior to expiration of the deadline or extension approved by the court. Such a motion or stipulation shall include:

(a) A statement specifying the discovery completed by the parties as of the date of the motion or stipulation;

(b) A specific description of the discovery which remains to be completed;

(c) The reasons why such remaining discovery was not completed within the time limit of the existing discovery deadline or any subsequent extension approved by the court; and

(d) A proposed schedule for the completion of all remaining discovery and any related deadlines.

(Doc. #96 at 9:14-24.)

Plaintiff provides no explanation as to what discovery he has completed, or what discovery he wants to undertake and why he has not completed that discovery to date. Plaintiff has had the almost unprecedented time of one year to undertake and complete discovery. (Doc. ## 33, 96.) The court is not inclined to extend this discovery deadline.

Plaintiffs request for an extension of the discovery ...

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